Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mobase India (P.) Ltd. v. ACIT (2024) 205 ITD 380 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Assessing Officer is not empowered to make any other addition which was not proposed in draft assessment order.[S. 144 (13)]

Lubrizol Advanced Materials India (P.) Ltd. v. A. unit (ITD) (2024) 205 ITD 312 (Mum) (Trib.)

S. 144C : Reference to dispute resolution panel-Limitation period-
Order is passed beyond one month from end of month in which directions of DRP were received by Assessing Officer-Barred by limitation. [S.92C, 144C(13) R.11]

ACIT v. Meriton Infotech (P.) Ltd. (2024) 205 ITD 347 /114 ITR 406/ 227 TTJ 761 (Mum)(Trib.)

S.115QA: Tax on distributed income to share holders-Buy back of shares-Consideration for purchase of its own shares from its shareholders in accordance with scheme sanctioned by High Court-completed on 31-5-2016 i.e. prior to 1-6-2016-Capital reduction carried out by assessee would not be covered in definition of buyback as per explanation (i) to section 115QA and tax on distributed income to shareholders was not payable by assessee-company. [S. 115QC, Companies Act, 1956, S.77A, 100-104]

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum) (Trib.)

S. 115JB : Company-Book profit-Export business-Deduction under section 80HHC for purpose of section 115JB, should be based on amount eligible as per books of account and not based on amount of deduction under section 80HHC under Chapter VI-A while computing normal income.[S.80HHC]

Sardar Patel Co-Operative Credit Society Ltd. v. DCIT (2024) 205 ITD 327 (Surat) (Trib.) Sardar Patel Co-Operative Credit Society Ltd. v. DCIT (2024) 205 ITD 408 (Surat) (Trib.)

S. 80P : Co-operative societies-Interest-Co-Operative Bank-Eligible deduction. [S.80P(2)(d)]

ACIT v. Shreeji Shipping Services (India) Ltd. (2024) 205 ITD 509 (Rajkot) (Trib.)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Failure to file Form No 10CCB-Order of CIT(A) allowing the claim is seta side with the direction to pass speaking order. [S. 250, Form No 10CCB]

Vananchal Kelavani Trust. v. CIT (2024) 205 ITD 619 (Surat) (Trib.)

S. 80G : Donation-Approval under sub-section (5)of S.80G Third proviso to section 80G(5) was applicable only to newly constructed trust and not to old trust, delay in filing Form No. 10AB is condoned-Matter is remanded.[S.80G(5), Form No 10AB]

Jay Mataji Charitable Trust. v. CIT (2024) 205 ITD 503 (Rajkot) (Trib.)

S. 80G : Donation-Rejection of application without any specific observations as to whether less than 5 per cent of total income had been spent by assessee towards religious purposes-Matter is remanded back for de novo consideration. [S.80G(5)]

Swaminarayan Bhaktidham Dwarka Charitable Trust. v. CIT (2024) 205 ITD 515 (Rajkot) (Trib.)

S. 80G : Donation-Object-Religious nature-Rejection of application without pointing out any specific object in trust deed cannot be treated as religious in nature-Matter was to be remanded back for de novo consideration. [S.80G(5)Form No 10AB]

Agilent Technologies (International) (P.) Ltd. v. NFAC (2024) 205 ITD 551 (Delhi) (Trib.)

S. 80G : Donation-Contribution to prime minister’s relief fund-Part of legal compliance of corporate social responsibility (CSR)-Finance Act, 2014 mandated that CSR expenditure shall not be allowed as business expenditure under section 37(1)-No deduction under section 80G is allowable. [S.37(1)]